Public agencies should be removed from absolute control by the Gov’t, legislative changes can accomplish this

Dear Editor,

The recent revelations concerning Dr. Van West-Charles’ fuel importation dealings point to a central problem in our winner take all system, but one which has an immediate solution. Licences to import fuel into Guyana are issued by the Guyana Energy Agency, a statutory body intended to operate autonomously and professionally. The Guyana Energy Agency Act makes provision for the management of the GEA, its Chief and Deputy Executive Officers of the GEA, and all heads of departments and other officers to be appointed by the Minister. Their salaries are subject to the approval of the Minister. The Board of Directors of the GEA is appointed by the Minister and Directors may be removed by the Minister if he thinks they are not acting correctly. Their remuneration is at the discretion of the Minister. So the entire management structure of the GEA is under the control of the Government.

This system of total control pervades public agencies and government owned entities. Guyana Power & Light Inc, GWI, the Chronicle, Guyoil, Central Housing & Planning should all be autonomous, but their underlying structure permits absolute control by the Government. Such control by the executive has the inevitable effect that political considerations are interjected into what should be an independent decision making process. There is no doubt that the personnel staffing these entities will include individuals of high professionalism and ethic, but political bias invariably creates a tension when it meets professional dispassion.

As long as the Minister is empowered to appoint and disappoint, the threat exists that decisions in these agencies will be influenced based on political expediency and party loyalty rather than on merit and national interest. The system needs to empower and ensure the independence from political influence of the officers, managers or directors who wish to carry out their functions professionally and free from fear of recrimination. The system also needs to assure the electorate on both sides of the divide that all are fairly represented in the decision making processes.

The solution requires an independent Parliament. By a simple amendment, provision can be made in the GEA Act for the Board to comprise two individuals selected by the Leader of the Opposition, two by the Government/Minister, and one by the largest third party in Parliament. The same change can be made for every agency in Guyana created by statute, and an Act can be passed mandating a similar system of appointment on all government owned boards. Such boards, comprising an inclusive mix of PPP and PNC and therefore represent the entire electorate, should include a casting vote by the third party, so that neither of the two giants can use a majority to exclude the other. Such a Board should select all managers, officers and staff of the Agency which it controls. No more fear of dismissal from employment with a change of Government because of perceived political alliance. Professionals can be appointed and act in their employment with confidence. They can tell the Minster ‘no’ without fear of immediate reprisal.

This solution requires a simple majority in Parliament to amend the various legislation and transform our culture. But it will not happen as long as the Government enjoys the majority in that House, because, in our winner take all system, the two parties have both demonstrated an appetite for absolute control of these important agencies. Elections may be close. If the result of those elections is a minority Government, the amendments can be done by an Opposition majority in Parliament. And this is possible; indeed the AFC and PNC between 2011 and 2015 enjoyed a majority in Parliament. Although the AFC wasted that opportunity, it can happen again.

We need constitutional reform, but amending the Constitution requires a two thirds majority, and cannot be done without the agreement of both large parties. However, until those parties demonstrate more than lip service to the idea of constitutional reform, ANUG believes that corrective action can be taken immediately after elections for a more inclusive governance structure.

Yours faithfully,

Timothy Jonas

A New and United Guyana